JUDGMENT:

This Criminal Revision Case is filed by the petitioner aggrieved by the order dated 21.02.2024 passed in Crl.M.P.No.129 of 2024 in DVC.No.5 of 2018, on the file of I Additional Judicial Magistrate of First Class at Jagtial.

2. Heard learned counsel for the revision petitioner and the learned Assistant Public Prosecutor for respondent-State. 3. DVC.No.5 of 2018 is filed by the wife of the petitioner herein who is the 1st respondent in the DVC proceedings. Learned Magistrate granted maintenance towards mental agony and rental allowance. Aggrieved by the said order of the learned Magistrate, the husband/petitioner approached this Court and filed Crl.A.No.23 of 2024.

4. By order dated 23.01.2025, learned Sessions Judge passed the following order:

“Appellant absent. Respondent No.1 and Respondent No.2 called absent. Notices served. Since Appeal is continuously absent. No representation from his counsel. It seems that he had no interest to prosecute litigation. Appeal is dismissed without costs.”

5. Learned counsel appearing for the petitioner would submit that the case is pending in the Court at Jagtial and the petitioner is working in Warangal. Though he has engaged the counsel, due to miscommunication, the counsel for the petitioner in the Court below could not attend.

6. Several grounds are raised by the learned counsel in her support and against the Court granting maintenance, however, the said grounds can be raised before the Sessions Court.

7. In view of the dismissal of the appeal only on the ground of non-representation and further, the facts are not discussed by the learned Sessions Judge, this Court deems it appropriate to restore the appeal on to the file of learned Sessions Judge, subject to condition of petitioner/husband paying an amount of Rs.25,000/- to the State Legal Services Authority (Warangal) within three (03) weeks from the date of this order. Failing to pay the said amount, the order of dismissal stands restored.

8. Accordingly, the Criminal Revision Case is disposed of. Miscellaneous applications pending, if any, shall stand closed.

_________________ K.SURENDER, J Date: 04.04.2025 dv THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL REVISION CASE No.224 OF 2025 Dt. 04.04.2025 dv